In Re the Arbitration Between Burke & Corn
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1907, affirming a judgment in favor of the respondent herein entered upon an award in arbitration. The nature of the controversy and the .facts, so far as material, are stated in the opinion. The court has very broad and comprehensive powers to correct and modify the award of an arbitrator. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1907, affirming a judgment in favor of the respondent herein entered upon an award in arbitration. The nature of the controversy and the .facts, so far as material, are stated in the opinion. The court has very broad and comprehensive powers to correct and modify the award of an arbitrator. (Code Civ. Pro. § 2375; Matter of Wilkins, 169 N. Y. 494; Fudickar v. G. M. L. Ins. Co., 62 N. Y. 392.) The arbitrator, in deciding the question of interest, awarded upon a matter…
1Opinion of the CourtGray, J.
This appeal is taken from a judgment of the Appellate Division, which affirmed a judgment entered upon the confirmation of the award of an arbitrator. Controversies had arisen between the parties over the execution of a contract for mason work in the alteration of a certain building. The respondent herein was the contractor and the appellant was the owner of the building. Upon the completion of the work, the contractor made a claim for a balance due under his contract and for extra work. This claim the owner disputed and, himself, advanced the claim that the contractor had failed to perform…
2Cases cited1 opinion
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